Reference no: EM133202322

Investigators apply for a search warrant for John based on the information that his roommate David has seen him buying, packaging, and selling heroin. David knows this information because he lives with John, splitting an apartment with him. David has seen John doing this activity in John's bedroom, and he's had enough of it. The police secured a search warrant for the apartment, implicating John's crimes as attested to by David. The warrant is for the entirety of the apartment; they serve it and search both John's room AND David's room and the shared kitchen, bathroom, and living room. They find heroin and cocaine in John's room and five potted marijuana plants growing in David's closet. They had no prior knowledge of the marijuana in David's closet - he certainly didn't tell them, and John didn't know they were there. They also find heroin in the living room, but both men deny that it belongs to them.

John is arrested and charged with the heroin and cocaine in his bedroom. David is arrested and charged with the marijuana in his bedroom. BOTH men are charged with possessing the heroin in the living room.

How could you defend or prosecute David? Should the evidence against David be suppressed? How could you present a motion to suppress to a judge?